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GHULAM SHABIR LASHARI vs State Ss — 2024 PCrLJ 847 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 847 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
GHULAM SHABIR LASHARI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GHULAM SHABIR LASHARI VS State Ss. 302 (b), 324 & 365---anti-Terrorism act (XXVII of 1997), S.7---Qatl-i-amd, attempt to Qatl-i-amd, kidnapping and act of terrorism---appreciation of evidence---alibi, plea of---Documentary evidence---accused was convicted by Trial Court for commission of offences of Qatl-i-amd, attempt to Qatl-i-amd, kidnapping and terrorism and was variously convicted with a maximum of imprisonment for life on four counts---accused raised plea of alibi and produced official record of his travel history based on Integrated Border Management System database---Validity---Documentary evidence was largely in the form of official record, which was of particular relevance in establishing absence of accused from country as on the date of offence---alibi of accused could not be said to be an afterthought or to have been contrived, nor could the documentary evidence produced in support of defence plea be dismissed as having been fabricated to unduly support the accused---Where alibi was not based on mere oral testimony, but was substantiated by documentary evidence, an objection that the plea was not raised at first stage was not of particular consequence---Single circumstance that had created reasonable doubt in a prudent mind as to the guilt of an accused entitled him to the benefit of such doubt, not as a matter of grace and concession but as a matter of right---High Court set aside conviction and sentence awarded to accused and acquitted him of the charge---appeal was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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